ORD NO. 2018-45 EXTENDING LANDMARK TREE ORDINANCEORDINANCE NO. 2018-45
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant
to RCW 36.70A.390; amending the interim official control, codified as Chapter
16.32 of the Bainbridge Island Municipal Code, to include an application fee and
add exceptions to the chapter; leaving the effective date of the interim official
control unchanged; adopting a work plan; and extending the duration of the interim
official control until June 26, 2019.
WHEREAS, within the express terms of the Growth Management Act, the Washington
State Legislature has specifically conferred upon the governing bodies of Washington cities the
right to establish and adopt interim official controls related to land uses; and
WHEREAS, the City Council of the City of Bainbridge Island ("City") updated the
City's Comprehensive Plan in February of 2017; and
WHEREAS, the City Council has significant concerns about development and growth in
the City under current regulations in the context of the vision and goals of the City's
Comprehensive Plan, is discussing how to best accommodate growth and development in both
general and specific ways, and finds that there are likely to be adverse impacts on the City and its
citizens unless the City acts immediately to preserve the status quo; and
WHEREAS, land clearing and development activities have resulted in the removal and
loss of Landmark Trees on Bainbridge Island and the City has received numerous public
comments expressing concern regarding the loss of Landmark Trees on Bainbridge Island; and
WHEREAS, Landmark Trees, because of their age, size, and condition, are recognized
as having exceptional value in contributing to the character of the community; and
WHEREAS, the Planning Commission, Design Review Board, and the Ad Hoc
Tree/LID Committee have expressed concern regarding the loss of trees on Bainbridge Island
and the preservation of trees is a community value supported by the policies and goals of the
City's Comprehensive Plan; and
WHEREAS, on June 26, 2018, the City Council adopted Ordinance No. 2018-25, which
imposed an interim official control in the form of Chapter 16.32 BIMC, Preservation of
Landmark Trees, which designates Landmark Trees based on size and species, requires a permit
to remove any Landmark Tree, and imposes fines if a Landmark Tree is removed without a
permit; and
WHEREAS, on August 14, 2018, the City Council held a public hearing on Ordinance
No. 2018-25; and
WHEREAS, the City Council has previously amended the interim official control
adopted by Ordinance No. 2018-25 on August 21, 2018 (via Ordinance No. 2018-32) and again
on October 9, 2018 (via Ordinance 2018-42); and
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WHEREAS, on October 16, 2018, the City Council authorized the City Manager to
contract with a team of arborists to review and make recommendations on City regulations
governing tree and vegetation removal, including Chapter 16.32 BIMC; and
WHEREAS, the City Manager has negotiated and executed a contract with the team of
arborists and additional time is needed to allow the team of arborists to review the City's
regulations and develop recommendations to present to the City Council; and
WHEREAS, following receipt of the arborists' recommendations, additional time will
also be needed for the City Council to review the recommendations and consider the potential
adoption of such recommendations that are consistent with the vision and goals of the City's
Comprehensive Plan; and
WHEREAS, on November 27, 2018, the City Council first discussed Ordinance No.
2018-45; and
WHEREAS, since the landmark tree regulations have been in effect, the City has
received comments from many property owners and Puget Sound Energy about difficulty in
meeting the landmark tree regulations and therefore, the City proposes to amend the regulations
to add exceptions for the type of landmark tree removal that would be approved through permit
review; and
WHEREAS, on December 11, 2018, the City Council held a public hearing on
Ordinance No. 2018-45, and considered and adopted the work plan that was provided as Exhibit
A to this ordinance; and
WHEREAS, the interim official control promotes the public good and is necessary for
the protection of public health, property, safety and welfare, and the public emergency on which
the interim official control was imposed continues to exist and this ordinance does not change
the basis for the that declaration of emergency nor the effective date of the interim official
control, which is June 26, 2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as additional
and supplemental findings of fact to the City Council's initial findings of fact in support of the
interim official control, as initially established by Ordinance No. 2018-25 and as subsequently
amended by Ordinance Nos. 2018-32 and 2018-42.
Section 2. Interim Official Control Amended. A new Section 16.32.015 of the
Bainbridge Island Municipal Code is added to read as follows:
16.32.015 Exemptions. In the following circumstances, a "Removal of Landmark Tree"
permit shall not be required pursuant to this section:
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A. The tree(s) at issue is/are dead;
B. For routine maintenance activities required to control vegetation on road, access,
or utility rights-of-way or easements, including tree removal, pruning, and thinning; or
C. For Class II and Class III forest practices regulated by the Washington State
Department of Natural Resources under Chapter 76.09 RCW.
Section 3. Interim Official Control Amended. Section 16.32.030.13 of the Bainbridge
Island Municipal Code is amended to read as follows:
B. Prior to the removal of a Landmark Tree, any person, corporation, or other legal
entity seeking to remove a Landmark Tree must submit an Application for
Removal of a Landmark Tree, along with a fee to be established by resolution of
the City Council to the Department of Planning and Community Development.
Section 4. Interim Official Control Amended. Section 16.32.030.D. of the Bainbridge
Island Municipal Code is amended to read as follows:
D. The planning director shall approve the removal, deny the removal, or request
additional information. The planning director shall only approve the removal of a
landmark tree if all other applicable city regulations are met and upon a finding
that at least one of the following criteria is met:
1. The removal is necessary to enable construction on or reasonable use of the
property, and no other alternative is feasible; or
2. The removal is necessary to .f,.,:..t.,i ..+:';ties, ae of fulfill the terms of an
easement or covenant recorded prior to the adoption of the ordinance codified
in this chapter; or
3. The tree is diseased -a47 or otherwise determined to be a hazardous tree as
determined by a qualified professional pursuant to BIMC 18.15.010.C.1.c.
In deciding whether the removal of a landmark tree is necessary under subsection
D.1 or 2 of this section, the planning director shall consider all land use
regulations applied to the subject property, such as: Chapter 15.19 BIMC, Site
Assessment Review, Chapter 16.12 BIMC, Shoreline Master Program, Chapter
16.20 BIMC, Critical Areas, or any other tree retention regulations applied
through a land use permit.
Section 5. Duration of Interim Official Control Extended. The interim official control
is hereby amended, as also stated in Section 9 below, to extend the duration of the interim
official control until June 26, 2019, six months beyond the current expiration date, which,
without this amendment, would be December 26, 2018.
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Section 6. Interpretive Authority. The City of Bainbridge Island Director of Planning
and Community Development, or designee, is hereby authorized to issue official interpretations
arising under or otherwise necessitated by this ordinance.
Section 7. Interim Official Control Work Plan and Hearing. As provided for under
RCW 35A.63.220 and RCW 36.70A.390, the City may renew an interim official control for one
or more six-month periods if a work plan has been developed, a public hearing has been held,
and findings of fact have been made, and the City is hereby extending the interim official control
as described herein based on the work plan that has been developed and is attached and
incorporated herein as Exhibit A to this ordinance, the public hearing that is being held related to
this ordinance, and the findings of fact that have been made in this ordinance and the previous
ordinances related to this interim official control.
Section 8. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 9. No Change to Basis for Declaration of Emergency or Effective Date;
Extension of Duration. This ordinance shall take effect and be in force five days from and after
its passage and publication as required by law. Provided, that this ordinance is not intended to
change the basis of the emergency declaration stated in Ordinance No. 2018-25, which preceded
this ordinance. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641
(1995), non -exhaustive underlying facts necessary to support this emergency declaration were
included in the "Whereas" clauses in Ordinance Nos. 2018-25, 2018-32, and 2018-42, and those
"Whereas" clauses are adopted as findings of fact. This ordinance amending the interim official
control shall extend the duration of the interim official control for an additional six-month
period, until June 26, 2019, unless terminated earlier by the City Council. This ordinance does
not change the effective date of the interim official control, which is June 26, 2018. The Council
may, at its sole discretion, renew the interim official control for one or more six-month periods in
accordance with state law. This ordinance or a summary thereof consisting of the title shall be
published in the official newspaper of the City.
PASSED BY THE CITY COUNCIL this l It" day of December, 2018.
APPROVED BY THE MAYOR this 11"' day of December, 2018.
Kol Medina, Mayor
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ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
Attachment: Exhibit A
November 21, 2018
December 11, 2018
December 14, 2018
December 19, 2018
2018-45
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EXHIBIT A
PROTECTION OF LANDMARK TREES
WORK PROGRAM FOR INTERIM REGULATIONS (December 7, 2018)
ORDINANCE 2018-25 PROTECTION ON LANDMARK TREES:
On June 26, 2018, the City Council adopted Ordinance No. 2018-25, which imposed an interim official control
governing the preservation, protection, and retention of Landmark Trees located on Bainbridge Island. The
interim official control created a new chapter of the municipal code: Chapter 16.32 BIMC, Protection of
Landmark Trees. The interim official control took effect immediately and remains in effect until December 26,
2018, unless terminated earlier or extended by the City Council.
Since being adopted, the City Council has twice amended the interim official control adopted by Ordinance
No. 2018-25: first on August 21, 2018 (via Ordinance No. 2018-32), and again on October 9, 2018 (via
Ordinance 2018-42).
The City has initiated the Work Program described below to address the issues related to preservation of
larger trees raised by the adoption of the interim regulations set forth in Ordinance Nos. 2018-25, 2018-32,
and 2018-42.
Fall 2018
On October 16, 2018, the City Council authorized the City Manager to contract with a team of arborists led by
Katy Bigelow and John Bornsworth to review and make recommendations on City regulations governing tree
and vegetation removal, including Chapter 16.32 BIMC. The City Manager has negotiated and executed a
contract with the team of arborists, and the team's recommendations are expected by the end of December
2018.
January 2019
The City Council will review the final report and recommendations from the consultant arborists. The Council
will then provide policy direction to staff about which recommendations to consider. Actions could be code
changes that would be processed as an ordinance, first reviewed by the Planning Commission, or
recommendations not related to the code such as improved outreach and education materials.
February 2019
After the City Council provides policy direction to City staff, the Planning Commission would review any
drafted code changes (via a draft ordinance). After holding a public hearing, the Planning Commission will
make recommendations to the City Council on a tree preservation, protection, and retention ordinance.
March -April 2019
The City Council will then review and take action on the proposed ordinance,